HACKENSACK, NJ – Receiving an indictment in New Jersey raises immediate concerns about potential incarceration, but an indictment does not automatically result in jail time. New Jersey criminal defense attorney Adam M. Lustberg of Lustberg Law Offices, LLC (https://www.lustberglaw.com/blog/does-indictment-mean-jail-time-in-new-jersey/) is providing guidance on what indictments mean and what options exist for those facing formal charges.
An indictment is a formal accusation issued by a grand jury, not a conviction. The grand jury reviews evidence presented by prosecutors and determines whether probable cause exists to charge someone with a crime. This decision does not establish guilt or innocence but only whether the case should proceed to trial in Superior Court. As a New Jersey criminal defense attorney can explain, many individuals who are indicted remain free on bail or pretrial release while their cases move through the court system.
“Being indicted simply means formal charges have been filed for a serious crime,” explains Lustberg. “Guilt or innocence is not decided at the indictment stage, and conviction is not guaranteed,” says New Jersey criminal defense attorney Lustberg.
Grand jury proceedings in New Jersey involve 23 citizens who review evidence in closed sessions. Only prosecutors and witnesses appear before the grand jury, with neither the defendant nor their attorney participating at this stage. If a majority of jurors find sufficient evidence, they return a “true bill” of indictment. If they decline to indict, a “no bill” is returned, and charges are dropped.
Indictments are required for indictable offenses in New Jersey, including first-, second-, third-, and fourth-degree crimes. These offenses carry potential prison sentences of at least one year if convicted. Less serious disorderly persons offenses do not require grand jury review and are handled in Municipal Court.
New Jersey criminal defense attorney Adam M. Lustberg notes that courts evaluate several factors when determining pretrial release. The severity of charges, criminal history, and likelihood of appearing for court dates all influence whether an individual is detained or released with conditions. Individuals who do not pose flight risks or dangers to the community may be released pending trial.
Following indictment, defendants proceed to arraignment in Superior Court, typically occurring about 14 days after the indictment is returned. In Bergen County, arraignments take place at the Bergen County Justice Center in Hackensack. At arraignment, the judge reads the charges, confirms legal representation, and may reconsider bail or release conditions.
“The arraignment is usually brief,” notes Attorney Lustberg. “Defendants will not present evidence or argue their case at this stage, but the court schedules future dates including pretrial conferences, motion hearings, and tentative trial dates.”
New Jersey law imposes speedy trial deadlines for detained defendants. Prosecutors must secure an indictment within 90 days of arrest and begin trial within 180 days of indictment. Failure to meet these deadlines, absent legally excused delays, can result in dismissal of charges and release.
Charges can be dropped or dismissed after indictment through several avenues. Prosecutors may dismiss cases if new evidence emerges or if they determine they cannot prove charges beyond reasonable doubt. Defense attorneys can file motions to dismiss based on procedural errors or insufficient evidence. Plea agreements may result in some charges being dropped in exchange for guilty pleas on others. First-time offenders facing certain lower-level felonies may qualify for Pre-Trial Intervention, which can lead to dismissal upon successful program completion.
For those facing indictments in Bergen County, defendants are held at the Bergen County Jail at 160 South River Street in Hackensack while awaiting trial or sentencing. The Bergen County Prosecutor’s Office at Two Bergen County Plaza handles the presentation of evidence and prosecution of cases.
Consulting with an experienced criminal defense attorney after receiving an indictment may help individuals understand available options, challenge evidence, and work toward favorable outcomes through negotiations or trial preparation.
About Lustberg Law Offices, LLC:
Lustberg Law Offices, LLC is a Hackensack-based law firm dedicated to criminal defense representation throughout Bergen County and New Jersey. Led by attorney Adam M. Lustberg, the firm represents clients from arraignment through trial, working to protect rights and pursue favorable outcomes. For consultations, call (201) 880-5311.
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